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Adroddiad Pennaeth Cynllunio, Cyfarwyddiaeth Yr Amgylchedd Report of the Head of Planning, Directorate of Environment Ar Gyfer

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Adroddiad Pennaeth Cynllunio, Cyfarwyddiaeth Yr Amgylchedd Report of the Head of Planning, Directorate of Environment Ar Gyfer ADRODDIAD PENNAETH CYNLLUNIO, CYFARWYDDIAETH YR AMGYLCHEDD REPORT OF THE HEAD OF PLANNING, DIRECTORATE OF ENVIRONMENT AR GYFER PWYLLGOR CYNLLUNIO CYNGOR SIR CAERFYRDDIN/ TO CARMARTHENSHIRE COUNTY COUNCIL’S PLANNING COMMITTEE AR 04 MAWRTH 2021 ON 04 MARCH 2021 I’W BENDERFYNU/ FOR DECISION Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yna rhaid iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o’r fath. In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising. The Council’s land owning function, or other interests in the matter, must not be taken into account when determining such planning applications. COMMITTEE: PLANNING COMMITTEE DATE: 04 MARCH 2021 REPORT OF: HEAD OF PLANNING I N D E X - A R E A WEST REF. APPLICATIONS RECOMMENDED FOR REFUSAL PAGE NO W/39628 CONSTRUCTION OF A RURAL ENTERPRISE DWELLING AT 39 ON YARD, LLANYBYDDER, CARMARTHENSHIRE, SA40 9RA APPLICATIONS RECOMMENDED FOR REFUSAL Application No W/39628 Application Type Full Proposal & CONSTRUCTION OF A RURAL ENTERPRISE DWELLING AT ON Location YARD, LLANYBYDDER, CARMARTHENSHIRE, SA40 9RA Applicant(s) M JONES & C LEIGH, FOUNDRY COMMERCIALS LIMITED Agent JCR PLANNING LTD – MR RICHARD BANKS Case Officer Helen Rice Ward Llanybydder Date registered 14/10/2019 Reason for Committee This application is being reported to the Planning Committee following a call-in request by Cllr Ieuan Wyn Davies on grounds that he wished for the committee to have the opportunity to express its views on the application for a rural dwelling. Site The application site lies approximately 1.5km south west of the centre of Llanybydder in a countryside location accessed from the classified C2052 road that leads from Llanybydder up towards Llanybydder Mountain. The site area is characterised by a surfaced and level yard which accommodates a vehicle repair and maintenance shed and offices, known as Foundry Commercials, located within a portal framed building on the yard. Further beyond the yard area lies a further yard area with industrial style buildings currently used for storage purposes in association with the National Eisteddfod and leased by the applicant to other long term tenants who utilise the units for agricultural supplies and environmental supplies storage. The applicant’s current dwelling known as Gilfach Wen is situated at the site’s access point with the highway and is positioned on a triangular parcel of land with the rear elevation adjoining an agricultural field in alternative ownership thus resulting in a limited rear garden area. The application site area refers to the yard area accommodated by Foundry Commercials. The associated workshop building (250sqm) is equipped with an inspection pit, mechanical joist and integral office and staff rest room with the remainder of the yard area utilised for parking, turning and external storage of cars. A detached double garage and external dog kennel are located off the northern edge of the yard on the opposite side of the access road into the yard area from the applicant’s dwelling at Gilfach Wen. The site is largely screened from the north east by a bank of Leylandii trees with open fields to the south east beyond which flows the Afon Einon. The remaining yard area also within the applicant’s ownership lies to the south west with the site access land bordering the north west. Proposal The application seeks full planning permission for the erection of a rural enterprise dwelling located to the north west of the vehicle repairs building and adjacent to the site’s boundary with the open fields to the north-west. The proposed dwelling comprises a modest single storey 3 bedroomed dwelling with integral garage orientated with its front elevation facing north east. Its elevations will be finished in render with a brick plinth surround under a tiled roof with light oak uPVC windows and doors. The front elevation will be accentuated by an oak framed porch over the principal entrance into the property. Access is to be achieved via the existing yard area with the creation of a lawn garden area to the south-west and north-west with the remaining area retained as a yard area to service the business. The application has been accompanied by a rural enterprise appraisal which provides an appraisal of the proposal within the context of the policy requirements of Technical Advice Note (TAN) 6 : Planning or Sustainable Rural Communities (July 2010). In summary, the proposed dwelling is intended for the applicants who currently reside at the dwelling known as Gilfach Wen directly opposite the site. The applicants advise the existing dwelling at Gilfach Wen is no longer fit for purpose due to a medical condition of one of the applicants which restricts her ability and mobility and there is limited opportunities to extend the existing dwelling to create the level living space required at ground floor level. As such a new dwelling is required to provide the level living space whilst also maintaining the same proximity to the business as they currently are able to at Gilfach Wen. It is understood that the applicants intend on selling the existing house in the very near future. Planning Site History W/4533 Agricultural Notification TMT/03671 Garage/workshop, parking, commercial sale vehicle Refused 15 May 2003 Appeal Dismissed 12 November 2003 W/11082 Change of use of existing agricultural building and yard for the servicing, repair, adaptation of agricultural machinery and vehicles Granted 27 January 2021 Planning Policy Carmarthenshire Local Development Plan (Adopted December 2014) (‘the LDP’) SP1 Sustainable Places and Spaces. SP14 Protection and Enhancement of the Natural Environment GP1 Sustainability and High Quality Design TR3 Highways in Developments – Design Considerations. National Planning Policy and Guidance is provided in Planning Policy Wales (PPW) Edition 10, December 2018 Technical Advice Notes (TAN) 6 : Planning or Sustainable Rural Communities (July 2010) is particularly relevant for this application. Summary of Consultation Responses Llanybydder Community Council – Have raised no objection. Local Members – Councillor Ieuan Wyn Davies is a member of the Planning Committee and has requested that the application be considered by the Planning Committee. All representations can be viewed in full on our website. Summary of Public Representations The application was the subject of notification by way of the posting of a site notice on the fence post in front of the access point into the application site. One representation was received but was later retracted and no further representations were received on the application. Appraisal Principle of Development The proposal involves the creation of a new dwelling in the countryside which is generally not considered acceptable in principle. It is only in exceptional circumstances that planning permission for the creation of a dwelling is considered within the countryside, such exceptions include conversions of traditional rural buildings to dwellings, dwellings in association with local affordable housing needs, dwellings associated with One Planet Developments and Rural Enterprise Dwellings. This application has been submitted on the basis of seeking permission for a Rural Enterprise Dwelling as the applicant states that they are unable to continue to live at the existing dwelling due to personal medical conditions but wish to remain in proximity to the business, and therefore to an extent relates to a local need requirement. Both exceptions are discussed further below. Rural Enterprise Dwelling TAN6 stipulates that one of the few circumstances in which new isolated residential development in the open countryside may be justified is when accommodation is required to enable rural enterprise workers to live at, or close to, their place of work. TAN6 defines a rural enterprise as comprising “land related businesses including agriculture, forestry and other activities that obtain their primary inputs from the site, such as the processing of agricultural, forestry and mineral products together with land management activities and support services (including agricultural contracting) tourism and leisure enterprises”. To comply with Policy TAN6 it first needs to be established whether the enterprise that the dwelling seeks to be associated with falls to be considered as a Rural Enterprise as defined by TAN6. The existing business is the repair and sales of commercial vehicles/HGVs. Details of the types and range of vehicles available for sale is set out on the business’ website. Therefore, whilst it is the case that the business is in a rural location, given the definition above, it is not considered that the use can be classed as a Rural Enterprise as it is not related to agriculture, forestry or another activity that obtain their primary inputs from the application site. Furthermore, the use is not associated with land management activities or support services such as agricultural contracting, tourism or leisure. It must be re-iterated that whilst a business may be located within the countryside, it is only those businesses within the definition of a rural enterprise as set out in TAN6 that are eligible to be associated with an application for a rural enterprise dwelling. On this basis, it is not considered that the business can be classed as a rural enterprise as defined in TAN6 and therefore it falls that the proposal cannot be considered under the exception policy for rural enterprise dwelling.
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